Delgamuukw Decision is 10 Years Old

The Supreme Court of Canada issued its ruling in Delgamuukw v. British Columbia on December 11, 1997. The National Centre for First Nations Governance reminds us of the significance of the decision:

The courts have defined the duty to consult and accommodate. This means that First Nations must be meaningfully engaged at the highest strategic levels of planning. A letter advising First Nations of an infringement is no longer acceptable — First Nations must have a seat at the negotiating table, otherwise the court can nullify any transactions that have occurred on the lands in question.

First Nations people have always cherished our elders as more than an opening and closing prayer. Their immense knowledge, however, had never been recognized as qualified evidence in land claim negotiations — now it is. Our oral traditions have assisted us to preserve our rich cultural history. They helped to define who we are; they told stories of hope and documented our past. Just as we have always honoured their value, now the courts will as well.

Update

Also This Day in Supreme Court of Canada History: The 1997 Delgamuukw Case on Aboriginal Title, on Library Boy. Written by the reference librarian of the Supreme Court of Canada, this post contains useful links and a summary of the case.

Importantly, Library Boy links to a post on the Osgoode Hall Law School blog The Court commemorating the anniversary. Their post is called: “The Anniversary of Delgamuukw v. The Queen: Two Legacies.”

The Court has published a second article on Delgamuukw. This one, titled “Delgamuukw at 10: An Insider’s Tale” is written by the Honourable Bryan Williams who was lead counsel for the Province of British Columbia at the Court of Appeal. He was later Chief Justice of the B.C. Supreme Court.

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